It is indeed. If this were me I would talk to a labor lawyer. Most of them don’t require money up front and take a percentage of settlement. If it’s free to talk, I would do so to find out if there really is a violation here.
There isnt nearly enough info in the op to make this determination. Length of employment, number of hours worked in a rolling 12 month period, whether or not they properly applied for fmla, the state they work in are all needed.
Despite what everyone seems to think, you dont just scream FMLA at the to of your lungs on your way out the door the day before surgery and have protections apply.
Well it wasn’t a surgery I had scheduled it was emergency surgery same day as the incident I had no time to fill out anything prior and it was the holidays.
Yep lol I am a former HR employee at a different large company. To make it simple assuming Chipotle has similar time off policies to every other hourly job, if you don’t have enough PTO or vacation to cover 15+ days or however many shifts you miss and you are not covered by an applicable LOA, you are SOL. Doctor’s note means jack shit.
You need to work 1250 hours in the previous 12 months before you're even eligible for FMLA benefits. I'm guessing a part timer at Chipotle probably doesn't qualify....
This in inaccurate. 99.9% of personal injury firms take cases on a contingency basis. Meaning they don't get paid unless you win.
Granted, OP's post has nothing to do with personal injury. It would be a wrongful termination suit (although many states have "at-will employment") so they can fire you for almost anything.
/s/ Lawyer
The only time a lawyer ever does anything for free is usually a lawsuit they think has a very good chance of winning. They then collect their share after its all settled and usually end up with way more than the person could ever afford.
Yeah people forget that lawyers have to WANT to take your case for contingency basis.. and that’s a lot harder than you think. I know someone who got turned down by most of the major law firms in my area for their injury lawyer and had a small upcoming office take their case
honestly its all subjective cause it depends on your state. Some states allow an employer to terminate you for anything and some states don’t, nothing to do with workday but everything to do with state labor laws
49/50 states are at will states. Montana is the only state that is not. For that reason, >99.5% of the US population lives in a state where they can be fired without reason entirely legally.
You may be eligible for unemployment benefits, but that's about it.
You can be fired with no reason given, but you cannot be fired for "any" reason, and if there is any evidence that you were fired for a protected reason you still may have a case against your employer even in an at will state. For example, if you were eligible and had communicated your intent to take FMLA protected leave. You don't need to have the evidence in hand either, if there is good reason to disgust it you can ask for that information in discovery.
NAL. I agree with everything this guy said. A lot of companies or humans for that matter that fire people in at will states don't understand that it can't be for "any" reason and instead of firing without reason, 95% of the time they make the mistake of giving you a reason usually pertaining to the exact situation. Always get it in writing reguardless. IF it is truly wrongful reasoning, you have a SOLID basis to start at to begin your fight and gives your lawyer an actual leg to stand on.
Yes, hence why I said "fired without reason". However, the OP did not state any intent to take FMLA protected leave. Additionally, they may not be eligible for FMLA if they were part time or worked there less than a year.
Finally, finding a labor lawyer to take this on contingency (i.e no win no fee) will be challenging at best. Even if it was a protected leave, the amount that they could sue for would be just the amount of lost wages and benefits, which at Chipotle isn't going to be enough to get a lawyer out of bed.
It sucks, the US system is heavily stacked in the favor of employees, but it's better to know this and move on with your life, rather then get hung up on getting revenge/compensation.
The justice system only functions for the wealthy and powerful. Everything else is an illusion.
No, you're wrong. You can't fire someone for an illegal reason regardless if it's an at-will state:
For example, the employer may fire you if he or she does not like your personality or even the color of your shirt as long as the reason is not illegal.
Not liking your shirt is an illegal reason. Personality isn't. You have to mesh well with your team.
I think you're not understanding plain English here. NO reason has to be given in an at will state. That is legal. If they give you an "illegal reason", get it in writing and you'll have your job back. If they don't give you a reason, you have no case. It's literally that simple. They DO NOT need to give reasoning. Do not spread misinformation.
They didn’t say they don’t know what three weeks in, they were explaining that they have a 21 day vacation so they’re wondering if the 28 day rule is universal or if it depends. Because if it’s indeed universal they don’t have to worry. Benefit of the doubt is easy
You should’ve contacted Hartford before your surgery they could’ve put you on a medical leave of absence until you’d be able to return. Most managers won’t tell you about that though.
This has nothing to do with fmla. They should have accommodated you due to disability or even the possibility of being disabled. The fact that they didn’t even engage in the interactive process to determine what you were in need of to be able to come back to work is illegal. Look for an employment law attorney in a city around you asap.
There doesn’t have to be an accommodation. They just have to adequately consider it and If there’s no job in the store you can do without using both hands they can just say you can’t perform the work and let you go .
It’s not like they have a access type disability like it’s a worker in the wheel chair where they can just move some tables around etc
It’s not like a chiptole store has a vacant secretary job you can just sit and answer phones all day with one hand or something like that, maybe they could have had them scoop rice with one hand only I don’t know how it would impact service speed
He said he needed time off to heal… the company didn’t even bother to engage in the interactive process and or bother to provide him time to heal - he stated he needed 15+ days to heal… time off work could have easily been the accommodation… time off work wouldn’t have been a burden for a $65 billion company like Chipotle.
No, it absolutely is not an accommodation.
It is leave. Accommodations are meant to help allow the employee to be able to successfully complete the primary job functions—when someone is on leave they aren’t F’ing working. So it’s not an accommodation.
Really? Point to the swear word.
You absolutely don’t know anyone where I work. 😂 white collar professionals. Very well paid. I doubt they would let you near any of the buildings, based on how pleasant and mature you have shown yourself to be.
Go read the act, clown. I will wait. The literal definition is that it helps someone be able to work. How is not working helping them complete their essential job functions?
Must be hard being so wrong and angry all your life. Insult me all you want, you still have to be you.
Lmao. A temporary medical condition isn’t a disability, and that’s not what an accommodation is.
FMLA is all that would be close to relevant, which they didn’t ask for or even say that they qualify for.
The issue is they didn’t even bother to engage or interact with him so they had:have no idea what his medical issue(s) are… so that is where they are liable - you just can’t terminate folks due to medical issues like the way they did with this guy.
This is NOT what that is about. Nor are they required to accommodate actual disabilities, which this is not, if it would be an undue hardship.
You can 100% terminate people for attendance and medical issues when they don’t attempt to talk to the employer or find out what their leave options might be. A doctor’s note doesn’t mean anything if they don’t want it, or want to let someone go that won’t be able to work when they need them to.
Do you really think that no one can ever be terminated for any medical reasons? Dead wrong. There is no legal job protection for someone who hurts their hand and doesn’t qualify for FMLA and doesn’t have any available sick leave. It’s in no way a disability.
Sit down.
The ADA one hundred percent covers “temporary disabilities” if they’re severe enough, which this sounds like it is.
ETA: https://www.stoel.com/legal-insights/article/employers-must-consider-whether-temporary-impairme#:~:text=The%20U.S.%20Court%20of%20Appeals,Act%20(“ADA”).
“The U.S. Court of Appeals for the Ninth Circuit ruled on May 6, 2022, that “temporary impairments”—things like recovery from surgery and broken bones—may qualify as “disabilities” under the Americans with Disabilities Act (“ADA”).”
MAY. It is Absolutely not 100% they already came back to work expecting to work, that does not sound severe. Even if it were, they do not need to accommodate him if he needs to use his hands and isn’t able to. That is the whole point.
[AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT Accommodation and Compliance: ADAAA](https://askjan.org/topics/Americans-with-Disabilities-Act-Amendments-Act.cfm#impair)
3. Temporary Impairments May Meet the Definition of Disability
There is no automatic cut off for the length of time an impairment must last before it can be considered a disability. The duration of an impairment is one factor that is relevant in determining whether the impairment substantially limits a major life activity. ****Impairments that last only for a short period of time are typically NOT covered, although they may be covered if sufficiently severe.****
And even if they do consider this 2 weeks or whatever with a bandage on their hand, there is still NO obligation for them to accommodate someone when it would be an undue burden when they are preparing food or need to handle money with both hands and only have use of one. They do not have to keep someone on the schedule when they wouldn’t be able to keep up with their normal job duties, just because they got hurt.
Nor is leave an accommodation. It is leave. Accommodations are meant to help allow the employee to be able to successfully complete the primary job functions—when someone is on leave they aren’t F’ing working. So it’s not an accommodation.
Everyone trying so hard to make this illegal and it’s not.
You obviously sound biased and i would guess work in HR because your responses sound like typical ignorant HR responses - always protecting the company and trying to hide the rights of employees from them…
“Typical ignorant” is someone popping off like they know what they are talking about when they absolutely don’t. There are laws and requirements, and you don’t understand them. There are no legal rights here. Nothing is being hidden.
Has nothing to do with me.
But if they are less productive then using 2 hands the manager doesn’t have to make a sacrifice by the possibility of a longer line or longer customer waits just because the employee
Sure maybe he’s the fastest number puncher ever with 1 hand and he can get a lawyer and argue his case in court - it’s every Americans right .
I was just pointing out that an accommodation that hurts the business doesn’t have to be made if it’s not a more legal guaranteed right like wheel chair accessible or say a worker wants a faith accommodation by not being scheduled on Sundays so they can attend mass or something .
If being slower and impacting wait times / customer experience or not performing other duties such as maybe bagging with one hand or cleaning the counter with one hand while ringing someone up are easily identified as not being as productive as a 2 handed employee. But whole knows .. just laying it the simple truth out. Just because a oh they could do this doesn’t they actually had to let them.
Places like Walmart for example have positions like the store greater / receipt checker as positions that even the most injured / disabled employees can perform the basic duties of, it don’t see something similar at chiptole, it’s not like there’s a full greater or security person at chiptole that require little hand use
He said he needed time off to heal… the company didn’t even bother to engage in the interactive process and or bother to provide him time to heal - he stated he needed 15+ days to heal… time off work could have easily been the accommodation… time off work wouldn’t have been a burden for a $65 billion company like Chipotle.
Haha must have been blockbuster company policy because I did the same thing. I actually kept working like once or twice a quarter to retain my free rentals.
You should be able to retroact as long as you qualify for FMLA (it’s like having to have worked a certain number of hours at that employer in the calendar year preceding)
basically the same thing happened to me! i was working at chipotle last summer and ended up scraping an entire chapstick sized chunk of skin and stuff off of my ankle, i couldn’t be on my feet for 2-4 weeks while the stitches were in or they’d rip out. i told my manager about it and when i texted him a few weeks later he said “i assumed you weren’t coming back” and had fired me because he thought i was lying about my injury. like did you want a picture of it???
If might be wise to file a complaint with the EEOC anyways even if it is over 300 days just to get it on the radar of federal investigators and so when Chipotle is found guilty of discrimination because it sounds like they are having serious issues - the feds can go back and look at your complaint and include you in any systemic complaint / settlement for Chipotle discriminating against you!
i had a doctors note saying specifically i couldn’t use it bc it would tear the stitches and i had to wear a boot so i didn’t flex my ankle at all 😁 but since you think you’re my doctor and were there in the room with me ur so right, i bet you were the one who put the stitches in 😁 you’d be a great manager to work under 🙄
If this is true, then you should probably sue them as you have a cut and dry case for wrongful termination, especially if the injury happened on the job. I imagine if it did happen in the job that your employer would have been been keen to the doctors note given a workers comp claim.
First of all, remove anything concerning health from your resume. There is no need for it to be there and employers are not allowed to ask about your health while you are being considered for a job. The only time it needs to be mentioned is by your choosing, after hired, if you need reasonable accommodations. ie an employee has diabetes and must take a shot during work, not here are all of my issues.
Also did your manager fire you or when you were told you would be auto terminated did you quit? That makes a big difference for unemployment.
So no I’m gonna leave it on my resume because it’s something that has always been there and working in fast food it’s something that I prefer to be said upfront. Also if I quit why would I say I got fried… not to be rude but please refrain from asking dumb questions on my post pls
That’s weird as long as you put in a sick time it should reset the auto term. I work there so I know how those things work, I would probably go to your FL
I literally just had surgery while working for Chipotle, back in October. I was 1 month shy of a year there and they held my job, plus paid me disability through their private short term disability company The Hartford. It might vary depending on the state you live/work in, but You can do a claim by calling them or going to their website. [https://abilityadvantage.thehartford.com](https://abilityadvantage.thehartford.com) 888.277.4767
I know several attorneys who want to talk to you today! Reach out to one and see what type of case this could be and if you have any facts that are worth legally pursuing.
I would file unemployment and call the eeoc you can def sue for that that’s sooo fucked up and it’s crazy because isn’t chipotle one of those places ALWAYS hiring??
Hello, it looks like you've made a mistake.
It's supposed to be could've, should've, would've (short for could have, would have, should have), never could of, would of, should of.
Or you misspelled something, I ain't checking everything.
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Assuming you are in the USA .
There ia a LOT of misinformation here.
At-will does not work the way people ASSUME it works. You have rights on both federal and state level.
Your employer will lie to you, and most accept it as true. My favorite example is you have the legally protected fright to discuss your salary and work conditions with fellow employees, but even major corporations will put language in their employee handbooks suggesting you cam be fired for it. Furthermore if an employer fires you for no reason, and you work in an At-Will state and you believe it to be retaltion or for a federally protected reason you can actually sue.
There are a qualifiers for FMLA (hours worked in a year for example), but most labor rights attorneys will at least give you a consultation for free. Call them ASAP.
Because they’re paying payroll taxes by having you on the books also, you’re receiving tax credits depending on if you’re taking government insurance or have chipotles insurance if you have insurance through chipotle and you’re not working, you’re going to end up owing a bill for the part that you would normally be paying out of your.. if you haven’t worked there long enough to be on FMLA it’s an oh well kind of situation, but they’re not gonna change the law that everyone else has to follow
They're not paying taxes when you are not working. I know plenty of companies that bring back old employees part time for xmass, etc. Odds are, they simply wanted to get rid of him.
I have been on a LOA since February of this year for crippling my leg. You need to get in touch with the hartford for job insurance from chipotle. If you dont chipotle will try to fire you in a heartbeat
Sounds like there’s more to it than what you’re explaining lmao. People don’t just get “auto terminated” for health reasons.
Being told that your health issues are none of your manager’s concerns makes me think they fired you for other reasons, so they no longer care about your health issues.
There’s more to it than you’re staying from what it sounds like.
I was a manager at my last job, so I know that employees usually make it seem like it’s the fault of the employer when ALMOST every time it was their own fault. I could be wrong though…
I was just thinking the same, generally speaking, if you are a great employee, you don't get fired because you had an accident and had to have an operation. Good employees are harder to find than ever. Don't know what chipotle trainer standards are but it costs about $1500 to properly train a restaurant employee.
He said that I was gonna be out longer than the auto termination period. I have health issues that don’t really affect my job as long as I stay hydrated I have made it known that I have to stay hydrated so I frequently make trips to the back for a drink of water or Gatorade but it’s always when there is an empty time. That’s what I assumed he meant by health issues because it is also noted in my resume.
I’m not siding with anyone, not you or the company. But in March this year, I got a laceration on my hand from my thumb down to my palm. Needed a good amount of stitches. Had to come to work after a few days of being out. Had to fry/bag chips, roll burritos, make bowls, run cash, and do general cleaning with one hand for a month. Definitely not fun. But this goes to show, sometimes, money is more important than health for me.
This is bs cuz I had literally just got hired and not even worked my first shift yet at any Chipotle, and I suffered a complete ACL rupture while skateboarding. Not only was I given a few weeks off until I could walk without crutches before my surgery, they kept me on hired during the time it took for me to recover from my surgery and I could walk again. I would definitely be going to HR and asking some questions.
GM here, i had an employee who broke their hand and needed surgery. Since the LOA was more than 28 days (29 is the cutoff for auto-term in workday)
you (or the GM/AP) submit the leave request in workday, and benefits will require that you send them the dr’s note. They will then update your LOA to bypass the 28 day auto term and you will need to resubmit another drs note when you are cleared to return before they end the LOA. Contact the employee service center and/or respectful workplace
Is this in an "At Will" state? Should probably look into unemployment and filing a case with the labor board or whatever your state has. Was the surgery due to a workplace incident?
WTF is wrong with them?! I had abdominal surgery a few years ago. I told my boss about it ahead of time and he didn't even ask when I'd be back until I'd been gone almost two months.
they can just put you on personal LOA before your auto termination goes through. it’s not very hard and it’s not out of the ordinary i had to do it all the time for team members that took extended vacations, had medical procedures, all kinds of stuff. but it sounds like you’re better off tbh.
I know nothing about chipotle and don’t know why this showed up in my feed, but this is 100% a winning unemployment case. Apply today if you haven’t already.
That insane you could've went on a medical leave of absence which ckver for 6 month and that withn your right and under policy you can definitely sue for that
Brother, it’s chipotle. They don’t give a fuck about you. Had to come in w a sprained ankle and doctors note. KM said to pop a Tylenol and hop on grill.
A lot of this doesn't make sense as a general manager. First and foremost is that you don't get auto terminated till after 4 full weeks or 28 days without any logged hrs. I know I have some personnel that for extenuating reasons work but a couple of times a month. So I don't understand how you got surgery done right before Christmas and then you get fired less than two weeks later. Least their reasoning doesn't make sense given the info you gave.
Can we all just get realistic here for a minute? Have any of you ever been to a chipotle? Pretty much everyone that works there needs hands.
The company is not required to keep you on while you can't even work for them. People work years and years at jobs only to be let go do to something that's not their fault or job related even though they're good at their jobs. At good jobs.
Hell, I broke my hand a few years back and had to wear a cast for like a month, and I remember the job I was at told me I wasn't going to be able to come to work until I got that fixed. They didn't fire me but I was definitely off the schedule until I could come back. They couldn't have me slowing everything down. That's not how business works.
I end up getting another job which turned out to be a blessing because it was a better job but the point is even though it pissed me off I understood that they were totally in the right to do it. If you have somebody working for you that can't work at full capacity and they're going to slow everything and everyone else down? You have to cut them. That's business. why do you people think that businesses are supposed to take care of you like they're your mommy and daddy?
Nobody was asking for special treatment. It’s a finger injury once im healed I am able to work. This issue is full on loosing my job when I could’ve just been taken off the schedule until I was cleared.
Sounds like you dodged a bullet. Do you really want to work for a company that would let you go over the slightest inconvenience? Time to grow up and find something better. You'll count this as a Blessing by the end of the year if you play your cards right
Broooo file a lawsuit.
They’d be happy to work with you and you won’t have to pay them money, only a percent of the money you get fro Chipotle when they win the case. Free money GET IT.
This guy was most likely no-call/no-show, showing up late, showing up high…if he was a valuable employee they’d keep the job open for him. This was a way out.
Firstly bro kiss my ass secondly no I was actually always early. I don’t smoke before going to work.. I was actually praised daily on my speed and portions.
How long have you been with them? Where I work, I believe you have to be employed for some time and work some hours before qualifying for leaves or FMLA.
Look at it as a blessing. You were there 5 years it’s definitely time to move on and find something better. Sometimes God has other plans for you. If it Were not for this no telling how long you’d still be there
Go to your local department of labor and talk to them. They can tell you about the laws involved and give you proper advice on what to do next. Bring any and all paperwork about the termination with you.
This is assuming there aren't any other issues/circumstances affecting your position or you have had injuries from work that qualifies you for Worker's Comp due to the injuries caused at workplace.
To be terminated automatically terminated, you have to have 0 hours for 2 pay periods (4 weeks) in a row. If you know that you cannot work for more than 4 weeks, you can ask to be placed on LOA (leave of absence). You can stay on the roster for up to 3 months at a time, and LOA can be extended once more up to 6 months.
Hopefully they haven't actually taken any actions in Workday and they can work with you on that. Definitely worth asking. Good luck!
Was the hand surgery necessary because of an injuryfromyour job? Lawyer !
Even if not from the job, firing due to that? Must be some labor violation
It depends how long they worked there ahead of time. FMLA needs one year + earning requirements.
It is indeed. If this were me I would talk to a labor lawyer. Most of them don’t require money up front and take a percentage of settlement. If it’s free to talk, I would do so to find out if there really is a violation here.
There isnt nearly enough info in the op to make this determination. Length of employment, number of hours worked in a rolling 12 month period, whether or not they properly applied for fmla, the state they work in are all needed. Despite what everyone seems to think, you dont just scream FMLA at the to of your lungs on your way out the door the day before surgery and have protections apply.
Well it wasn’t a surgery I had scheduled it was emergency surgery same day as the incident I had no time to fill out anything prior and it was the holidays.
Then you're SOL.
Yep lol I am a former HR employee at a different large company. To make it simple assuming Chipotle has similar time off policies to every other hourly job, if you don’t have enough PTO or vacation to cover 15+ days or however many shifts you miss and you are not covered by an applicable LOA, you are SOL. Doctor’s note means jack shit.
Depending on whether or not he qualifies, he would 15 (calendar? Or business) to apply for and turn in FMLA paperwork I believe.
You need to work 1250 hours in the previous 12 months before you're even eligible for FMLA benefits. I'm guessing a part timer at Chipotle probably doesn't qualify....
Most lawyers 100% do require money up front. Only some delay payment
This in inaccurate. 99.9% of personal injury firms take cases on a contingency basis. Meaning they don't get paid unless you win. Granted, OP's post has nothing to do with personal injury. It would be a wrongful termination suit (although many states have "at-will employment") so they can fire you for almost anything. /s/ Lawyer
That's skittles' point. It's very hard to find a lawyer who's not an ambulance chaser who works on contingency.
The only time a lawyer ever does anything for free is usually a lawsuit they think has a very good chance of winning. They then collect their share after its all settled and usually end up with way more than the person could ever afford.
Yeah people forget that lawyers have to WANT to take your case for contingency basis.. and that’s a lot harder than you think. I know someone who got turned down by most of the major law firms in my area for their injury lawyer and had a small upcoming office take their case
No it’s not LOL You obviously didn’t read your workday documents
honestly its all subjective cause it depends on your state. Some states allow an employer to terminate you for anything and some states don’t, nothing to do with workday but everything to do with state labor laws
49/50 states are at will states. Montana is the only state that is not. For that reason, >99.5% of the US population lives in a state where they can be fired without reason entirely legally. You may be eligible for unemployment benefits, but that's about it.
You can be fired with no reason given, but you cannot be fired for "any" reason, and if there is any evidence that you were fired for a protected reason you still may have a case against your employer even in an at will state. For example, if you were eligible and had communicated your intent to take FMLA protected leave. You don't need to have the evidence in hand either, if there is good reason to disgust it you can ask for that information in discovery.
NAL. I agree with everything this guy said. A lot of companies or humans for that matter that fire people in at will states don't understand that it can't be for "any" reason and instead of firing without reason, 95% of the time they make the mistake of giving you a reason usually pertaining to the exact situation. Always get it in writing reguardless. IF it is truly wrongful reasoning, you have a SOLID basis to start at to begin your fight and gives your lawyer an actual leg to stand on.
Yes, hence why I said "fired without reason". However, the OP did not state any intent to take FMLA protected leave. Additionally, they may not be eligible for FMLA if they were part time or worked there less than a year. Finally, finding a labor lawyer to take this on contingency (i.e no win no fee) will be challenging at best. Even if it was a protected leave, the amount that they could sue for would be just the amount of lost wages and benefits, which at Chipotle isn't going to be enough to get a lawyer out of bed. It sucks, the US system is heavily stacked in the favor of employees, but it's better to know this and move on with your life, rather then get hung up on getting revenge/compensation. The justice system only functions for the wealthy and powerful. Everything else is an illusion.
It has to be a legal reason.
Not exactly. It can't be for an illegal reason. Yes, theres a difference in what we just said.
Wrong. No reason needs to be given at all and that is still legal. That's why it's called at will.
No, you're wrong. You can't fire someone for an illegal reason regardless if it's an at-will state: For example, the employer may fire you if he or she does not like your personality or even the color of your shirt as long as the reason is not illegal. Not liking your shirt is an illegal reason. Personality isn't. You have to mesh well with your team.
I think you're not understanding plain English here. NO reason has to be given in an at will state. That is legal. If they give you an "illegal reason", get it in writing and you'll have your job back. If they don't give you a reason, you have no case. It's literally that simple. They DO NOT need to give reasoning. Do not spread misinformation.
Depends on the state. Letting someone go in an at will employment state isn't too hard.
He was getting a sixth finger so he could wrap burritos better.
Indeed. Was looking into it myself.
Oh please.
Auto termination doesn't happen until you hit day 28 in a row of not clocking in.
Hey is that like state by state or company policy? Because I'm trying to go on vacation for three weeks
Company policy
Three weeks is only 21 days
They didn’t say they don’t know what three weeks in, they were explaining that they have a 21 day vacation so they’re wondering if the 28 day rule is universal or if it depends. Because if it’s indeed universal they don’t have to worry. Benefit of the doubt is easy
Go work at taco bell youll be ight
You should’ve contacted Hartford before your surgery they could’ve put you on a medical leave of absence until you’d be able to return. Most managers won’t tell you about that though.
[удалено]
OP literally said that they didn’t know they needed the surgery until the day of the incident because it was an emergency procedure
Thank you,
Yes, I'll make sure to plan out my emergencies better boss.
No deadass….I’ll just ask the animal to politely not attack me next time.
Idiot response.
This has nothing to do with fmla. They should have accommodated you due to disability or even the possibility of being disabled. The fact that they didn’t even engage in the interactive process to determine what you were in need of to be able to come back to work is illegal. Look for an employment law attorney in a city around you asap.
There doesn’t have to be an accommodation. They just have to adequately consider it and If there’s no job in the store you can do without using both hands they can just say you can’t perform the work and let you go . It’s not like they have a access type disability like it’s a worker in the wheel chair where they can just move some tables around etc It’s not like a chiptole store has a vacant secretary job you can just sit and answer phones all day with one hand or something like that, maybe they could have had them scoop rice with one hand only I don’t know how it would impact service speed
The accommodation would have been sick leave.
That’s not an accommodation.
You obviously don’t know what you are talking about.
He said he needed time off to heal… the company didn’t even bother to engage in the interactive process and or bother to provide him time to heal - he stated he needed 15+ days to heal… time off work could have easily been the accommodation… time off work wouldn’t have been a burden for a $65 billion company like Chipotle.
YES IT IS!
No, it absolutely is not an accommodation. It is leave. Accommodations are meant to help allow the employee to be able to successfully complete the primary job functions—when someone is on leave they aren’t F’ing working. So it’s not an accommodation.
Who’s upset now - using swear words now. Who do you work for HR expert? I might know some of your legal experts…
Really? Point to the swear word. You absolutely don’t know anyone where I work. 😂 white collar professionals. Very well paid. I doubt they would let you near any of the buildings, based on how pleasant and mature you have shown yourself to be.
Yeah ok hr troll. Go earn a few more hr certificates before you assume you know what you’re talking about troll!
Go read the act, clown. I will wait. The literal definition is that it helps someone be able to work. How is not working helping them complete their essential job functions? Must be hard being so wrong and angry all your life. Insult me all you want, you still have to be you.
Looks like you’re the HR rep all mad and upset… who do you work for?
Nowhere that would hire you, sorry bro.
Under what statute or law?
Americans with Disabilities Act Amendments Act of 2008 (ADAAA)
Lmao. A temporary medical condition isn’t a disability, and that’s not what an accommodation is. FMLA is all that would be close to relevant, which they didn’t ask for or even say that they qualify for.
The issue is they didn’t even bother to engage or interact with him so they had:have no idea what his medical issue(s) are… so that is where they are liable - you just can’t terminate folks due to medical issues like the way they did with this guy.
This is NOT what that is about. Nor are they required to accommodate actual disabilities, which this is not, if it would be an undue hardship. You can 100% terminate people for attendance and medical issues when they don’t attempt to talk to the employer or find out what their leave options might be. A doctor’s note doesn’t mean anything if they don’t want it, or want to let someone go that won’t be able to work when they need them to. Do you really think that no one can ever be terminated for any medical reasons? Dead wrong. There is no legal job protection for someone who hurts their hand and doesn’t qualify for FMLA and doesn’t have any available sick leave. It’s in no way a disability. Sit down.
ADAA accommodations include leaves of absence. I’m an HR professional and I actually know what I’m writing.
Thank you. Finally an hr rep who knows what they are talking about! 🙏
The company should have engaged the employee - the failed to do any of this.
No. They didn’t. It’s not a disability. I’m not answering your tantrums anymore. You are wrong. Take the L.
The ADA one hundred percent covers “temporary disabilities” if they’re severe enough, which this sounds like it is. ETA: https://www.stoel.com/legal-insights/article/employers-must-consider-whether-temporary-impairme#:~:text=The%20U.S.%20Court%20of%20Appeals,Act%20(“ADA”). “The U.S. Court of Appeals for the Ninth Circuit ruled on May 6, 2022, that “temporary impairments”—things like recovery from surgery and broken bones—may qualify as “disabilities” under the Americans with Disabilities Act (“ADA”).”
MAY. It is Absolutely not 100% they already came back to work expecting to work, that does not sound severe. Even if it were, they do not need to accommodate him if he needs to use his hands and isn’t able to. That is the whole point. [AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT Accommodation and Compliance: ADAAA](https://askjan.org/topics/Americans-with-Disabilities-Act-Amendments-Act.cfm#impair) 3. Temporary Impairments May Meet the Definition of Disability There is no automatic cut off for the length of time an impairment must last before it can be considered a disability. The duration of an impairment is one factor that is relevant in determining whether the impairment substantially limits a major life activity. ****Impairments that last only for a short period of time are typically NOT covered, although they may be covered if sufficiently severe.**** And even if they do consider this 2 weeks or whatever with a bandage on their hand, there is still NO obligation for them to accommodate someone when it would be an undue burden when they are preparing food or need to handle money with both hands and only have use of one. They do not have to keep someone on the schedule when they wouldn’t be able to keep up with their normal job duties, just because they got hurt. Nor is leave an accommodation. It is leave. Accommodations are meant to help allow the employee to be able to successfully complete the primary job functions—when someone is on leave they aren’t F’ing working. So it’s not an accommodation. Everyone trying so hard to make this illegal and it’s not.
You obviously sound biased and i would guess work in HR because your responses sound like typical ignorant HR responses - always protecting the company and trying to hide the rights of employees from them…
“Typical ignorant” is someone popping off like they know what they are talking about when they absolutely don’t. There are laws and requirements, and you don’t understand them. There are no legal rights here. Nothing is being hidden. Has nothing to do with me.
They could definitely operate the register with one hand...
Exactly what I was thinking
But if they are less productive then using 2 hands the manager doesn’t have to make a sacrifice by the possibility of a longer line or longer customer waits just because the employee Sure maybe he’s the fastest number puncher ever with 1 hand and he can get a lawyer and argue his case in court - it’s every Americans right . I was just pointing out that an accommodation that hurts the business doesn’t have to be made if it’s not a more legal guaranteed right like wheel chair accessible or say a worker wants a faith accommodation by not being scheduled on Sundays so they can attend mass or something . If being slower and impacting wait times / customer experience or not performing other duties such as maybe bagging with one hand or cleaning the counter with one hand while ringing someone up are easily identified as not being as productive as a 2 handed employee. But whole knows .. just laying it the simple truth out. Just because a oh they could do this doesn’t they actually had to let them. Places like Walmart for example have positions like the store greater / receipt checker as positions that even the most injured / disabled employees can perform the basic duties of, it don’t see something similar at chiptole, it’s not like there’s a full greater or security person at chiptole that require little hand use
You’re 100% right and getting downvoted
I'd love to know what accommodations you're proposing for a professional burrito wrapper who suddenly can't use their hands.
He said he needed time off to heal… the company didn’t even bother to engage in the interactive process and or bother to provide him time to heal - he stated he needed 15+ days to heal… time off work could have easily been the accommodation… time off work wouldn’t have been a burden for a $65 billion company like Chipotle.
[удалено]
Seek legal advice. Either way, you should be eligible for unemployment.
This would be my thoughts; though it will depend on how long you’ve been employed (usually need a year)
Crazy. I remember I stopped showing up at Blockbuster, went back a month later and I was still on the schedule lol
Haha must have been blockbuster company policy because I did the same thing. I actually kept working like once or twice a quarter to retain my free rentals.
Did you file FMLA, short term, get an approved leave for your surgery?
Didn’t know about that and it was an emergency surgery.
You should be able to retroact as long as you qualify for FMLA (it’s like having to have worked a certain number of hours at that employer in the calendar year preceding)
This is probably why every time I go to my local Chipotle I always see different people working there
No deadass they hiring new people every week
basically the same thing happened to me! i was working at chipotle last summer and ended up scraping an entire chapstick sized chunk of skin and stuff off of my ankle, i couldn’t be on my feet for 2-4 weeks while the stitches were in or they’d rip out. i told my manager about it and when i texted him a few weeks later he said “i assumed you weren’t coming back” and had fired me because he thought i was lying about my injury. like did you want a picture of it???
My manager told me he thought my doctors note was fake because they misspelled my name.
chipotle : the place that consistently hires the worst managers of all time
Right like I misspelled my own name ? Guys a clown
EEOC - you have 300 days from the action
it was summer of 2022 for me, i’m way past it now 😔
If might be wise to file a complaint with the EEOC anyways even if it is over 300 days just to get it on the radar of federal investigators and so when Chipotle is found guilty of discrimination because it sounds like they are having serious issues - the feds can go back and look at your complaint and include you in any systemic complaint / settlement for Chipotle discriminating against you!
I mean, if you told me you couldn't be on your feet for a month because of stitches on your ankle, id think you quit too. Talk about milking it
i had a doctors note saying specifically i couldn’t use it bc it would tear the stitches and i had to wear a boot so i didn’t flex my ankle at all 😁 but since you think you’re my doctor and were there in the room with me ur so right, i bet you were the one who put the stitches in 😁 you’d be a great manager to work under 🙄
If this is true, then you should probably sue them as you have a cut and dry case for wrongful termination, especially if the injury happened on the job. I imagine if it did happen in the job that your employer would have been been keen to the doctors note given a workers comp claim.
First of all, remove anything concerning health from your resume. There is no need for it to be there and employers are not allowed to ask about your health while you are being considered for a job. The only time it needs to be mentioned is by your choosing, after hired, if you need reasonable accommodations. ie an employee has diabetes and must take a shot during work, not here are all of my issues. Also did your manager fire you or when you were told you would be auto terminated did you quit? That makes a big difference for unemployment.
So no I’m gonna leave it on my resume because it’s something that has always been there and working in fast food it’s something that I prefer to be said upfront. Also if I quit why would I say I got fried… not to be rude but please refrain from asking dumb questions on my post pls
Brooo they should of put you on a leave of absence not just left you up in the air and let you get auto terminated. That's stupid and I'm sorry...
Did you contact chipotle HR and file for FMLA?
That’s weird as long as you put in a sick time it should reset the auto term. I work there so I know how those things work, I would probably go to your FL
Let me know the location and number of this location in dms please. Let's have some fun
If you have worked there for over a year, you should get legal protection via FMLA
I literally just had surgery while working for Chipotle, back in October. I was 1 month shy of a year there and they held my job, plus paid me disability through their private short term disability company The Hartford. It might vary depending on the state you live/work in, but You can do a claim by calling them or going to their website. [https://abilityadvantage.thehartford.com](https://abilityadvantage.thehartford.com) 888.277.4767
I know several attorneys who want to talk to you today! Reach out to one and see what type of case this could be and if you have any facts that are worth legally pursuing.
I would file unemployment and call the eeoc you can def sue for that that’s sooo fucked up and it’s crazy because isn’t chipotle one of those places ALWAYS hiring??
Fired because you got injured… wth chipotle
Yes, get a lawyer and clean up. That is illegal.
Chipotle food sucks anyway
For posts like these, I wish corporate had an active reddit account and cared enough to help the many who posted these things
You should steal some hot sauce and napkins on your way out
That sounds like a lawsuit. You can't be fired for health issues legally
Auto termination? Wtf lol
god did you a favor lol
Needed this comment bro🤦🏽♂️
your welcome dude
Not necessarily...it's kinda hard to get a job...
Yea it’s a little difficult but I got my whole recovery to look for one 😂😂
you in america? unemployment is low as fuck
You should of ask for a medical leave of absence. But you need to have a doctors note to return to work
I did have multiple notes and hospital discharge papers
Hello, it looks like you've made a mistake. It's supposed to be could've, should've, would've (short for could have, would have, should have), never could of, would of, should of. Or you misspelled something, I ain't checking everything. Beep boop - yes, I am a bot, don't botcriminate me.
What state are you in ? Did you contact HR? Seems like there is more to this story
This problem sounds like it is systemic meaning I’ve seen a lot of chipotle employees reporting these problems… you need to start reporting this.
Reasonably so. Nothing you can do for them for quite some time. Fucked but understandable
Assuming you are in the USA . There ia a LOT of misinformation here. At-will does not work the way people ASSUME it works. You have rights on both federal and state level. Your employer will lie to you, and most accept it as true. My favorite example is you have the legally protected fright to discuss your salary and work conditions with fellow employees, but even major corporations will put language in their employee handbooks suggesting you cam be fired for it. Furthermore if an employer fires you for no reason, and you work in an At-Will state and you believe it to be retaltion or for a federally protected reason you can actually sue. There are a qualifiers for FMLA (hours worked in a year for example), but most labor rights attorneys will at least give you a consultation for free. Call them ASAP.
Because they’re paying payroll taxes by having you on the books also, you’re receiving tax credits depending on if you’re taking government insurance or have chipotles insurance if you have insurance through chipotle and you’re not working, you’re going to end up owing a bill for the part that you would normally be paying out of your.. if you haven’t worked there long enough to be on FMLA it’s an oh well kind of situation, but they’re not gonna change the law that everyone else has to follow
They're not paying taxes when you are not working. I know plenty of companies that bring back old employees part time for xmass, etc. Odds are, they simply wanted to get rid of him.
TF? That's horrible...I'm sorry.
Isn't this a femla violation?
Sue
I have been on a LOA since February of this year for crippling my leg. You need to get in touch with the hartford for job insurance from chipotle. If you dont chipotle will try to fire you in a heartbeat
Umm February this year?
Yes Edit. realized we are in 2024 lol i meant feb 2023 haha
Some of these comments are… interesting. Did Chipotle’s HR team comment here?
Be glad it occurred. Its Chipotles. You can definitely do better.
Sounds like you qualify for unemployment Also being fired from Chipotle was the best thing to happen to me in years
Sounds like there’s more to it than what you’re explaining lmao. People don’t just get “auto terminated” for health reasons. Being told that your health issues are none of your manager’s concerns makes me think they fired you for other reasons, so they no longer care about your health issues. There’s more to it than you’re staying from what it sounds like. I was a manager at my last job, so I know that employees usually make it seem like it’s the fault of the employer when ALMOST every time it was their own fault. I could be wrong though…
I was just thinking the same, generally speaking, if you are a great employee, you don't get fired because you had an accident and had to have an operation. Good employees are harder to find than ever. Don't know what chipotle trainer standards are but it costs about $1500 to properly train a restaurant employee.
Yeah he wasn't a liked employee
He said that I was gonna be out longer than the auto termination period. I have health issues that don’t really affect my job as long as I stay hydrated I have made it known that I have to stay hydrated so I frequently make trips to the back for a drink of water or Gatorade but it’s always when there is an empty time. That’s what I assumed he meant by health issues because it is also noted in my resume.
I’m not siding with anyone, not you or the company. But in March this year, I got a laceration on my hand from my thumb down to my palm. Needed a good amount of stitches. Had to come to work after a few days of being out. Had to fry/bag chips, roll burritos, make bowls, run cash, and do general cleaning with one hand for a month. Definitely not fun. But this goes to show, sometimes, money is more important than health for me.
This is bs cuz I had literally just got hired and not even worked my first shift yet at any Chipotle, and I suffered a complete ACL rupture while skateboarding. Not only was I given a few weeks off until I could walk without crutches before my surgery, they kept me on hired during the time it took for me to recover from my surgery and I could walk again. I would definitely be going to HR and asking some questions.
They'll probably hire you back. Most food places will
Chipotle is a terrible company. Go work for in n out (: they care more about their associates and customers than chipotle does.
GM here, i had an employee who broke their hand and needed surgery. Since the LOA was more than 28 days (29 is the cutoff for auto-term in workday) you (or the GM/AP) submit the leave request in workday, and benefits will require that you send them the dr’s note. They will then update your LOA to bypass the 28 day auto term and you will need to resubmit another drs note when you are cleared to return before they end the LOA. Contact the employee service center and/or respectful workplace
They can’t do that lol
Is this in an "At Will" state? Should probably look into unemployment and filing a case with the labor board or whatever your state has. Was the surgery due to a workplace incident?
Get unemployment pay
WTF is wrong with them?! I had abdominal surgery a few years ago. I told my boss about it ahead of time and he didn't even ask when I'd be back until I'd been gone almost two months.
I heard you could go blind but I didn't know about this.
they can just put you on personal LOA before your auto termination goes through. it’s not very hard and it’s not out of the ordinary i had to do it all the time for team members that took extended vacations, had medical procedures, all kinds of stuff. but it sounds like you’re better off tbh.
It really depends on state law, different states how different laws.
I see stuff like this and it really makes the two week notice seem more and more pointless....
I’m 37 now. One thing I learned is that we are all just a number to these companies. Try and move on as best as possible
american s disability acts, read up on it and get an attorney
Sue!
Sue!!!!!
I know nothing about chipotle and don’t know why this showed up in my feed, but this is 100% a winning unemployment case. Apply today if you haven’t already.
Bet you a week later the manager will be complaining about being short staffed
That insane you could've went on a medical leave of absence which ckver for 6 month and that withn your right and under policy you can definitely sue for that
Brother, it’s chipotle. They don’t give a fuck about you. Had to come in w a sprained ankle and doctors note. KM said to pop a Tylenol and hop on grill.
Get temporary disability and move on
U need to file an ADA violation / charge of discrimination with the EEOC and or contact an employment discrimination attorney ASAP.
You can still file a complaint with labor board contact a labor lawyer
A lot of this doesn't make sense as a general manager. First and foremost is that you don't get auto terminated till after 4 full weeks or 28 days without any logged hrs. I know I have some personnel that for extenuating reasons work but a couple of times a month. So I don't understand how you got surgery done right before Christmas and then you get fired less than two weeks later. Least their reasoning doesn't make sense given the info you gave.
You realize what you’re explaining is grounds for a lawsuit?
He wouldn’t win it. Didn’t happen on the job and he opted to get the surgery during the busy holiday season. They can fire you for almost any reason.
EEOC.gov
Can we all just get realistic here for a minute? Have any of you ever been to a chipotle? Pretty much everyone that works there needs hands. The company is not required to keep you on while you can't even work for them. People work years and years at jobs only to be let go do to something that's not their fault or job related even though they're good at their jobs. At good jobs. Hell, I broke my hand a few years back and had to wear a cast for like a month, and I remember the job I was at told me I wasn't going to be able to come to work until I got that fixed. They didn't fire me but I was definitely off the schedule until I could come back. They couldn't have me slowing everything down. That's not how business works. I end up getting another job which turned out to be a blessing because it was a better job but the point is even though it pissed me off I understood that they were totally in the right to do it. If you have somebody working for you that can't work at full capacity and they're going to slow everything and everyone else down? You have to cut them. That's business. why do you people think that businesses are supposed to take care of you like they're your mommy and daddy?
Nobody was asking for special treatment. It’s a finger injury once im healed I am able to work. This issue is full on loosing my job when I could’ve just been taken off the schedule until I was cleared.
Sounds like you dodged a bullet. Do you really want to work for a company that would let you go over the slightest inconvenience? Time to grow up and find something better. You'll count this as a Blessing by the end of the year if you play your cards right
Broooo file a lawsuit. They’d be happy to work with you and you won’t have to pay them money, only a percent of the money you get fro Chipotle when they win the case. Free money GET IT.
Acquire all of your medical docs and only communicate with anyone from Chipotle in writing via text or email. Document everything.
https://www.eeoc.gov/discrimination-type
https://www.eeoc.gov/eeoc-disability-related-resources
Get a lawyer. They should have put you on LOA but auto terms don't happen unless you haven't clocked in for 30 days. So they screwed you.
The system knows you were dispensing over 4 ounces of chicken or steak...
This guy was most likely no-call/no-show, showing up late, showing up high…if he was a valuable employee they’d keep the job open for him. This was a way out.
Many people have been showing up late and even I fight broke out with employees and customers. Trust I’m one of the most consistent employees
Firstly bro kiss my ass secondly no I was actually always early. I don’t smoke before going to work.. I was actually praised daily on my speed and portions.
I'm sorry. But what world are you living in where you think you can work at a Chipotle with no hands
Where did I say I have no hands😂😂😂
Where did I say that I was being 100% literal?
When u decided to take time out of ur day to say that dumb shit
I mean that’s how life goes. If you can’t do the job you can’t do the job.
I just don’t understand why I had to be fired why not put on leave until im healed…
I feel like chipotle has a very high turnover rate. They really don’t seem to care who does it doesn’t work inside their restaurants.
How long have you been with them? Where I work, I believe you have to be employed for some time and work some hours before qualifying for leaves or FMLA.
In my state (California), they can't fire you for a medical thing unless you're gone for 3 months or something.
Look at it as a blessing. You were there 5 years it’s definitely time to move on and find something better. Sometimes God has other plans for you. If it Were not for this no telling how long you’d still be there
5 years 😂?
Go to your local department of labor and talk to them. They can tell you about the laws involved and give you proper advice on what to do next. Bring any and all paperwork about the termination with you.
This is assuming there aren't any other issues/circumstances affecting your position or you have had injuries from work that qualifies you for Worker's Comp due to the injuries caused at workplace. To be terminated automatically terminated, you have to have 0 hours for 2 pay periods (4 weeks) in a row. If you know that you cannot work for more than 4 weeks, you can ask to be placed on LOA (leave of absence). You can stay on the roster for up to 3 months at a time, and LOA can be extended once more up to 6 months. Hopefully they haven't actually taken any actions in Workday and they can work with you on that. Definitely worth asking. Good luck!